Why You Should Avoid Using a Marital Settlement Agreement in California Divorce | California Divorce

Posted by Tim Blankenship on

 

Why You Should Avoid Using a Marital Settlement Agreement in California Divorce

When it comes to finalizing a divorce in California, many individuals find themselves navigating the complex world of legal paperwork. A common misconception is that a lengthy Marital Settlement Agreement (MSA) is the best route to take. However, this approach can lead to unnecessary complications and rejections from the court. In this blog post, we’ll explore why using court judgment forms is a far superior option and how you can streamline your divorce process.

The Shift from Lengthy Narratives to Court Forms

In the past, attorneys often relied on detailed MSAs that could stretch 20 to 30 pages long. These documents presented a narrative that outlined all agreements between the parties. However, the courts are now moving away from this model. The goal is to simplify the process and reduce the burden on the court system. By utilizing court judgment forms instead, you can avoid the pitfalls associated with traditional MSAs.

Many people come to us with a written agreement they believe is sufficient. Unfortunately, these documents often lack the necessary legal language required by the court. This is where the court judgment forms come into play. They contain all the mandatory language and allow for easy navigation through checkboxes and fill-in-the-blank sections. This significantly decreases the likelihood of missing critical legal language.

The Risks of Using Online Services

Another common scenario involves individuals using online services to generate their divorce forms automatically. While this may seem like a cost-effective solution, it often leads to further complications. Many of these forms do not meet the legal guidelines required for submission, resulting in rejections from the court.

Clients often report spending money on these services only to receive a document that fails to meet legal standards. The court clerks will frequently point out missing information based on family code sections, but they do not provide specifics. This can leave individuals confused and frustrated, trying to figure out what needs to be added. Instead of risking rejection, it’s best to start with the correct forms from the outset.

How to Navigate the Court Judgment Forms

So, how do you effectively use court judgment forms? Start with the FL-180, which is the judgment face sheet. On the second page, you will find various boxes related to the type of orders you need. It’s important to check the appropriate boxes, such as those for child support and child custody. Each type of order corresponds to specific forms, like FL-342 for child support and FL-343 for custody.

This structured approach makes it easier to ensure all necessary information is included while minimizing the risk of missing crucial details. If you have a written MSA, use it as a guide to transfer the information onto the judgment forms. This allows you to maintain the agreements you’ve reached while complying with the court’s requirements.

Why Professional Assistance Can Make a Difference

If you find the process overwhelming, consider seeking professional assistance. We are a full-service divorce paralegal firm specializing in California divorce. Our team can help you navigate through every step of your divorce, ensuring that all forms are completed accurately and submitted correctly.

Our services include preparing and filing all necessary documents, including Marital Settlement Agreements, child custody orders, child support orders, spousal support orders, and property division orders. We use the same dissomaster software the courts rely on to determine child support and spousal support figures, ensuring you have accurate calculations that meet legal standards.

Understanding the Importance of Accurate Documentation

Accurate documentation is crucial for a smooth divorce process. When you use the court judgment forms, you are following a system designed to minimize errors. The forms are created with the necessary legal language already included, which reduces the chances of your submission being rejected.

Moreover, the use of checkboxes and fill-in-the-blank sections makes it easier for you to complete the forms without getting lost in legal jargon. This is particularly beneficial for individuals who may not have a legal background but want to ensure their divorce is finalized without unnecessary delays.

Common Mistakes to Avoid

While navigating the divorce process, it’s easy to make mistakes that can complicate your case. Here are some common pitfalls to avoid:

  • Using outdated forms: Always ensure you are using the most current court forms available.
  • Neglecting to check all relevant boxes: This could lead to missing orders that are crucial for your case.
  • Failing to include all necessary attachments: Make sure any supporting documents are included with your submission.
  • Ignoring court deadlines: Keep track of all deadlines to avoid unnecessary delays in your case.

Final Thoughts

The divorce process in California can be daunting, but it doesn’t have to be. By avoiding the traditional Marital Settlement Agreement and opting for court judgment forms, you can simplify the process and increase your chances of a successful outcome. If you need assistance, don’t hesitate to reach out to our team at Divorce661. We are here to help you every step of the way.

For more information or to schedule a free phone consultation, call us at 661-281-0266. Our full-service divorce process starts at just $699, making professional assistance accessible and affordable.

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Visit our website at divorce661.com for more information.

 

Tim Blankenship – who has written posts on Divorce 661 Santa Clarita Divorce Paralegal | Valencia Divorce Paralegal | Santa Clarita Valley Divorce Paralegal.

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